21 



that will need to be enforced by the concurrent action of the two Gov- 

 ernments. There can not be any self-executing powers included in the 

 award. The rights and duties that are ascertained by the award will 

 remain to be enforced by the sovereign powers of the Governments 

 concerned. 



The right of property in a herd of seals within tlie meaning of this 

 treaty can not depend on the question whether every animal of the 

 herd was born on land belonging to the claimant. If this question 

 could arise, in any practical sense, it could only arise between Eussia 

 or Japan and the United States, and not between Great Britain, 

 claiming no seal herds, and the United States, that claims a herd that 

 habitually resorts to the Pribilof Islands. The questions submitted in 

 this treaty for arbitration do not hinge upon the place of nativity of 

 individual seals, but relate to those seals that resort habitually as herds 

 to the islands of the United States, and they turn upon that fact as to 

 their identitication. This question of the intermixing of the heras 

 with those of Eussia was not raised in the correspondence that led up 

 to this treaty, nor is it referred to in the treaty, unless it is included in 

 the inquiry as to the right of property in the seals. That inquiry relates 

 to the right of property in the seals in, or resorting to, Bering Sea, 

 without reference to the place of their nativity. If they have that 

 habit, Great Britain and the United States have agreed in this treaty 

 that such a resorting to Bering Sea is the fact that identities them as 

 the subject of the award to be rendered in this case. 



If the award is that the United States have a property in the seals 

 so resorting to Bering Sea, or found in that sea, it fully covers the 

 question that the Arbitrators are required to settle on the subject of 

 property in seals. If there are other questions beyond this as to 

 the title of the United States to individual seals, while living, the 

 decision of tliem does not fully dispose of any right claimed by Great 

 Britain to kill them when found singly or in small parties far out in the 

 ocean; nor will it diminish any right claimed by tlie United States to 

 protect and preserve them if they can be identified as belonging to the 

 Alaskan herd, though they may have been born upon Eussian soil. 



All the rights claimed by the United States in this treaty relate to 

 the protection and preservation of the lives of seal herds. All the rights 

 claimed by Great Biitain and so submitted for arbitration, relate solely 

 to the right of the destruction of individual seal life in order to secure 

 the pelts. There is no right of property in any single, living seal. 



